Attorney Mark Stevens

Law Office of Mark Stevens
5 Manor Parkway
Salem, NH 03079
Telephone: (603) 893-0074
Fax: (603) 893-5022
info@byebyedwi.com

Admitted in all state and federal courts in New Hampshire and Massachusetts. Representing clients in criminal defense matters, including narcotics charges, drunk driving charges, Driving While Intoxicated (DWI), Operating Under the Influence (OUI), and Driving Under the Influence (DUI). Representation of clients at Department of Motor Vehicles (NH) and Registry of Motor Vehicles (MA) hearings and appeals.

ALS CASE OF THE WEEK –WEEK OF APRIL 6, 2007
DWI CASE EXAMPLE: 180 DAY SUSPENSION OF RIGHT TO DRIVE BASED ON AN ALLEGED .13 RESULT ON A BREATH TEST

Sponsored by ByeByeDWI.com

Please note-this is an example of the disposition of a recent New Hampshire DWI case. It is by no means a guaranty of any particular result in any other case.

BASIC FACTS: The police arrived at a parking lot of a bar to investigate a report of a driver who was napping while in his car. The officer opened the car door and woke the driver up. The officer demanded that the driver get out of the car. When the driver stepped out of the car he became ill and vomited. He threw up again and again due to his illness. The officers smelled alcohol and arrested him for DWI. The officers brought the driver to a police station where the driver agreed to take a breath test. The alleged result of the breath test was .13.

The defendant elected to hire Attorney Stevens to challenge the administrative license suspension at a hearing at the department of safety.

HEARING PROCEDURE: Attorney Stevens requested a hearing on the defendant’s behalf at the Department of Safety. Attorney Stevens challenged everything that the law and the rules allow regarding the breath test. Attorney Stevens objected to the admissibility of the breath test results in this case based on several violations of the administrative rules regarding breath testing. After a hearing at the Department of Safety regarding the 180 breath test suspension, the hearings examiner agreed with Attorney Stevens’ objections and dismissed the administrative license suspension.

RESULT: DISMISSED!!! The defendant’s right to drive pending trial was restored immediately.

Attorney Stevens thanks God for this successful defense!!!

Contact Information:
If you leave a voice message or send an email, please include ONLY the following information:

Date of any alleged offense you have been charged with.
The court in which you have been told to appear.
The date and time you have been told to appear.

I will call you back at the earliest opportunity. Do NOT include any specifics about your case in a recorded voice message or email. We will discuss that on the phone, and in greater detail in person.

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Information in this column should not be construed as legal advice and does not constitute an engagement of the Mark Stevens Law Office, nor any attorney associated with the Mark Stevens Law Office. The information contained herein is of a general nature and may not apply to any particular set of facts and circumstances. Please bear in mind that laws change frequently. We will make an effort to update the information on a regular basis, but are under no obligation to do so. No part of this document, nor any information contained in this website, may be disseminated without this paragraph. This may be considered legal advertising.

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